GAP and VOA Whistleblowers Call For Investigation of Ex-USAGM Chief Michael Pack

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On March 18, Government Accountability Project on behalf of federal whistleblowers called for an investigation of the former head of the U.S. Agency for Global Media (USAGM) Michael Pack who reportedly spent nearly $2 million in federal funds investigating Voice of America employees. Excerpt below:
…On behalf of anonymous whistleblowers, alerted Congress and federal whistleblower agencies to new details about sole source, no bid contracts awarded to two law firms by Michael Pack to investigate the employees at the agency he headed, the U.S. Agency for Global Media (USAGM). USAGM is the parent agency of Voice of America (VOA). Until ordered to resign by President Biden on Inauguration Day, Mr. Pack—a Trump administration political appointee—was Chief Executive Officer (CEO) of USAGM.
[…]
After alerting the Congress and the federal whistleblower agencies (the U.S. Office of Special Counsel (OSC) and the State Department Office of Inspector General (OIG) to Mr. Pack’s misconduct, Government Accountability Project used the Freedom of Information Act (FOIA) to obtain additional details about the sole source, no-bid law firm contracts.
GAP provided a link to USAGM materials released via the latter’s FOIA, available here. Government Accountability Project also sent a supplemental analysis to Congress, OSC, and State/OIG.
Cited among its findings:
  • The total value of all services rendered by McGuireWoods and Caplin & Drysdale (billed and unbilled) was approximately $1.776 million.
  • Over four months, McGuireWoods billed approximately $1.625 million in fees and disbursements based on 5,093 billable hours, an average of approximately $320 for each billable hour.
  • The three activities responsible for over 90 percent of McGuireWoods’ billable hours were: “Document Production” (2,998.10 hours); “Analysis/Strategy” (1,053.40 hours); and “Fact Investigation/Development” (655.80 hours).
  • Over four months, Caplin & Drysdale billed approximately $66,000 in fees and disbursements based on 84.4 billable hours, an average of over $780 for each billable hour.
GAP urge the Foreign Affairs and Appropriations Committees in the House and the Senate, State/OIG and the Office of Special Counsel “to specifically investigate the authority invoked and the representations made by Mr. Pack and others in order to pay these law firms, and any other contractors Mr. Pack hired during his brief and controversial tenure.”
The letter is available to read here.


 

 

 

American Oversight Publishes Heavily Redacted State/OIG Hotline Complaint Regarding Pompeo Conduct

 

In May this year, American Oversight filed an FOIA request to the Department of State seeking “records sufficient to identify any whistleblower complaints containing allegations that concern the conduct of Secretary Mike Pompeo.” It also asked that the request be processed on an expedited basis. “The request was made in light of news on May 15 that President Donald Trump would be ousting State Department Inspector General Steve Linick, the independent watchdog tasked with overseeing the State Department headed by Secretary Mike Pompeo.”
On July 17, 2020, American Oversight published the State/OIG Hotline Complaint, a 4-page heavily redacted document of a whistleblower complaint.
The complaint was not/not submitted anonymously, but the sender marked “no” on the section for willingness to waive confidentiality.
The whistleblower said that they witnessed “concerning activities” in Washington, D.C. , other locations in the U.S. including New York and Florida, and overseas.
A heavily redacted Summary of Incident notes whistleblower “directly witness and/or heard numerous firsthand accounts” followed by two paragraphs of blackened entry.
Under “False or misleading statements” were two paragraphs that were ruthlessly Sharpied.
Under “Direction by” two paragraphs were also under cover of darkness.
The complaint states, “tried on several occasions to obtain clarifications and guidance from senior leadership in S/ES and from the Office of Legal Advisors, but were blocked from doing so.”
Redacted names “were made aware of these concerns on repeated occasions.” “To my knowledge, none of them ever took action to resolve the issues, and several of them specifically directed subordinate staff to continue facilitating questionable activities after the concerns were raised.”
At some point the names of these alleged enablers will be known to the public. Please be alert on what happens to this whistleblower whose identity is known to State/OIG.
S/ES is the Executive Secretariat of the State Department.  The Office of Legal Adviser is currently encumbered by an Acting Legal Adviser since the departure of the Legal Adviser in May 2019.

Know Your Rights: Conversations with Congress (Via Just Security)

Via Just Security:

Secretary of State Mike Pompeo is asserting that Congress is exceeding its authority and trying to bully State Department employees by requesting their testimony about alleged White House and State Department misconduct. His intransigence not only threatens to topple our constitutional system of checks and balances, but it attempts to nullify a basic right federal employees have enjoyed for over a century: the right to communicate with Congress free from intimidation, bullying and unfair harassment.

The Lloyd-La Follette Act of 1912, which granted federal employees this right, reads in relevant part:

The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied.

As one of the first statutes enacted specifically to protect federal whistleblowers, the Lloyd-La Follette Act was passed, according to its accompanying House Report, “to protect employees against oppression and in the right of free speech and the right to consult their representatives.” This was especially pertinent in its time, as Presidents Theodore Roosevelt and William Taft had issued executive orders gagging federal employees from communicating with Congress, and punishing violators with termination.

This right applies to all State Department employees, current and former, who wish to testify before congressional committees.
[…]
Whistleblowers and the information they disclose are the life-blood of our system of constitutional checks and balances.  But their vital role means there is an equally strong imperative to silence or discredit them by those threatened by their truth-telling. They should prepare as if it were the most important test of their professional lives. Because it will be.

Read more:

Related items:

Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction
Deciphering the Pompeo-House Clash Over Witnesses
Overwhelming Confirmation of Whistleblower Complaint: An Annotation
Trump’s Extortion of Ukraine Is an Impeachable Abuse of Power
Ukrainian Funding Delay Created a Paper Trail That Congress Should Follow
There Is No Constitutional Impediment to an Impeachment Inquiry that Concerns National Security
Top Expert Backgrounder: Trump’s Impeachment–What Comes Next?
The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws
Whistleblower Says White House Took Unusual Steps to Limit Access to Ukraine Call Record
Trump’s Call to Ukraine May Constitute “Honest Services Fraud”—A Core Crime of Public Corruption